RES 109 Draft 01 2010-2012 - Laserfiche WebLink

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• If portions of the sea cliff erode away, destroying the Public Access Easements or making said easements hazardous, the Public Access Easements shall be relocated to a safe location mauka of the destroyed Public Access Easements, including but not limited to Lots 25 and 26, where the public access trail is located outside of the east/makai boundary of the Project as shown on Exhibit 2 attached hereto and incorporated by reference herein. The County of Hawaii shall survey the new Public Access Easements, and prepare an Amended Grant of Easements to be recorded against the Property by the Grantor, and its successors and assigns. Where the trails do not exist on the ground in the area of the desired lateral pedestrian public access, Grantor shall have no obligation to make trails, except that Grantor shall initially grade the mauka -makai pedestrian public access easements sufficient for foot traffic. Grantor shall initially grade and prepare the parking easements to be suitable for parking vehicles. Nothing in this Grant of Public Access Easements shall amend, qualify or otherwise limit the following: (1) the liability protections given to the Grantor pursuant to Hawaii Revised Statutes Chapter 520, including without limitation the protections afforded in Section 520 -4(b), relating to Landowners' Liability; and (2) the liability protections given to the owners or operators of any business providing recreational activities to the public who obtain voluntary written release waivers for their patrons pursuant to the provisions of Hawaii Revised Statutes Section 663 -1.54 relating to Recreational Activity Liability. AND, Grantor and Grantee hereby covenant and agree as follows: 1. The Public Access Easements described hereinabove may be used by any members of the public having the right to use such Public Access Easements, subject to and upon the following terms and conditions: (a) Restrictions on Use. The regulation on the use of the Public Access Easements described hereinabove, including activities prohibited within the Public Access Easements shall be pursuant to Planning Department Rule 21, Public Access: Usage. In addition, pedestrian public access will be open generally from sunrise or 6:00 a.m., whichever is earlier, to one -half hour beyond sunset or 6:00 p.m., whichever is later. Access for night fishing past 6:00 p.m. shall be allowed pursuant to a permit or registration system approved by the Grantee. Access for night fishing past 6:00 p.m. shall be allowed for those individuals who are actively engaged in night fishing activities, and does not include the right to overnight camping. -6-